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TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Miscellaneous amendments
Schedule 1 - Miscellaneous Amendments
[Bill 103]-IV
2
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL
2003
(Brought in by the Secretary to Cabinet, Steven Kons)
A BILL FOR
An Act to make revisionary amendments arising
from the Public Sector Superannuation (Splitting of
Superannuation Interests) Act 2003 and the
Relationships (Consequential Amendments) Act 2003
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Public Sector
Superannuation (Miscellaneous Amendments) Act 2003.
Commencement
2. This Act commences on the day on which the
Relationships Act 2003 commences.
Miscellaneous amendments
3. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
[Bill 103] 3
sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
SCHEDULE 1 - MISCELLANEOUS AMENDMENTS
Section 3
Governor of Tasmania Act 1982
1. Schedule 1 is amended as follows:
(a) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Schedule -
"Family Law Act" means the Family
Law Act 1975 of the
Commonwealth;
"flag lifting agreement" has the
meaning given by section 90MN of
the Family Law Act;
"flagging order" means an order
mentioned in section 90MU(1) of
the Family Law Act;
"member" has the meaning given by
section 90MD of the Family Law
Act;
"member spouse" has the meaning
given by section 90MD of the
Family Law Act;
"non-member spouse" has the
meaning given by section 90MD of
the Family Law Act;
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2003 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"operative time" has the meaning
given by section 90MD of the
Family Law Act;
"splittable payment" has a meaning
in accordance with section 90ME
of the Family Law Act;
"splitting instrument" means a
superannuation agreement, a
flagging order, a flag lifting
agreement or a splitting order;
"splitting order" means an order
mentioned in section 90MT(1) of
the Family Law Act;
"spouse" has the meaning given by
section 90MD of the Family Law
Act;
"superannuation agreement" has the
meaning given by section 90MH of
the Family Law Act;
"superannuation interest" has the
meaning given by section 90MD of
the Family Law Act.
(b) by omitting from clause 8 "member spouse"
and substituting "person entitled to a pension
under this Act".
Judges' Contributory Pensions Act 1968
1. Schedule 1 is amended as follows:
5
sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
(a) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Schedule -
"Family Law Act" means the Family
Law Act 1975 of the
Commonwealth;
"flag lifting agreement" has the
meaning given by section 90MN of
the Family Law Act;
"flagging order" means an order
mentioned in section 90MU(1) of
the Family Law Act;
"member" has the meaning given by
section 90MD of the Family Law
Act;
"member spouse" has the meaning
given by section 90MD of the
Family Law Act;
"non-member spouse" has the
meaning given by section 90MD of
the Family Law Act;
"operative time" has the meaning
given by section 90MD of the
Family Law Act;
"splittable payment" has a meaning
in accordance with section 90ME
of the Family Law Act;
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2003 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"splitting instrument" means a
superannuation agreement, a
flagging order, a flag lifting
agreement or a splitting order;
"splitting order" means an order
mentioned in section 90MT(1) of
the Family Law Act;
"spouse" has the meaning given by
section 90MD of the Family Law
Act;
"superannuation agreement" has the
meaning given by section 90MH of
the Family Law Act;
"superannuation interest" has the
meaning given by section 90MD of
the Family Law Act.
(b) by omitting from clause 8 "member spouse"
and substituting "person entitled to a pension
under this Act".
Retirement Benefits Regulations 1994
1. Regulation 3 is amended as follows:
(a) by omitting the definition of "Family Law Act"
from subregulation (1);
(b) by omitting the definition of "RBF member"
from subregulation (1) and substituting the
following definition:
"RBF member" means -
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sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
(a) a contributor; or
(b) a former contributor or a
former eligible employee
holding a compulsory
preservation account; or
(c) a pensioner unless he or she
is in receipt of a pension
under regulation 79;
(c) by omitting the definition of "splitting
instrument" from subregulation (1);
(d) by omitting subregulation (1AA).
2. Regulation 60(1) is amended as follows:
(a) by omitting from paragraph (e)
"subregulation." and substituting
"subregulation; and";
(b) by inserting the following paragraph after
paragraph (e):
(f) a person holding an investment
account.
3. Regulation 78(4)(d) is amended by omitting "Part VIIIB
of the Family Law Act" and substituting "section 90MD of
the Family Law Act 1975 of the Commonwealth".
4. Before regulation 88J, the following regulation is
inserted in Part 7B:
Interpretation of Part
88IA. In this Part -
"Family Law Act" means the Family Law
Act 1975 of the Commonwealth;
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2003 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"flag lifting agreement" has the meaning
given by section 90MN of the Family
Law Act;
"flagging order" means an order mentioned
in section 90MU(1) of the Family Law
Act;
"member" has the meaning given by section
90MD of the Family Law Act;
"member spouse" has the meaning given by
section 90MD of the Family Law Act;
"non-member spouse" has the meaning
given by section 90MD of the Family
Law Act;
"operative time" has the meaning given by
section 90MD of the Family Law Act;
"splittable payment" has a meaning in
accordance with section 90ME of the
Family Law Act;
"splitting instrument" means a
superannuation agreement, a flagging
order, a flag lifting agreement or a
splitting order;
"splitting order" means an order mentioned
in section 90MT(1) of the Family Law
Act;
"spouse" has the meaning given by section
90MD of the Family Law Act;
"superannuation agreement" has the
meaning given by section 90MH of the
Family Law Act;
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sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
"superannuation interest" has the meaning
given by section 90MD of the Family
Law Act.
5. Regulation 88R is amended by omitting "spouse".
6. Regulation 107A is rescinded and the following
regulation is substituted:
Payment of benefits on death of RBF member
107A. (1) Except as provided in subregulation (2),
where a benefit is payable under these regulations
on the death of an RBF member, that benefit is to be
paid to -
(a) the surviving partner of that RBF
member; or
(b) if there is no surviving partner, the
person with whom the RBF member was
in a caring relationship which was the
subject of a deed of relationship
registered under Part 2 of the
Relationships Act 2003, which deed was
revoked by the death of that RBF
member; or
(c) if there is no person referred to in
paragraph (a) or (b), the estate of that
RBF member, subject to the production
of grant of probate or letters of
administration.
(2) Notwithstanding subregulation (1), an
RBF member may, by notice in writing to the
Board -
(a) elect that in the event of his or her death
all or part of the benefit payable on his
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2003 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
or her death is to be paid to his or her
estate; or
(b) revoke any such election -
and, where the election is in force, subregulation (1)
does not apply to any part of the benefit that is
subject to the election.
(3) In this regulation, "RBF member"
includes a person holding an investment account.
Retirement Benefits (Parliamentary
Superannuation) Regulations 2002
1. Regulation 77A is rescinded and the following
regulation is substituted:
Interpretation of Part
77A. In this Part -
"Family Law Act" means the Family Law
Act 1975 of the Commonwealth;
"flag lifting agreement" has the meaning
given by section 90MN of the Family
Law Act;
"flagging order" means an order mentioned
in section 90MU(1) of the Family Law
Act;
"member" has the meaning given by section
90MD of the Family Law Act;
"member spouse" has the meaning given by
section 90MD of the Family Law Act;
11
sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
"non-member spouse" has the meaning
given by section 90MD of the Family
Law Act;
"operative time" has the meaning given by
section 90MD of the Family Law Act;
"splittable payment" has a meaning in
accordance with section 90ME of the
Family Law Act;
"splitting instrument" means a
superannuation agreement, a flagging
order, a flag lifting agreement or a
splitting order;
"splitting order" means an order mentioned
in section 90MT(1) of the Family Law
Act;
"spouse" has the meaning given by section
90MD of the Family Law Act;
"superannuation agreement" has the
meaning given by section 90MH of the
Family Law Act;
"superannuation interest" has the meaning
given by section 90MD of the Family
Law Act.
2. Regulation 77H is amended by omitting "member
spouse" and substituting "person entitled to a benefit
under Part 3 or 4 of these regulations".
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2003 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
Solicitor-General Act 1983
1. Section 13(4) is amended by omitting "subsection (1)
(c)" and substituting "subsection (2)(c)".
2. Part 2 of Schedule 1 is amended as follows:
(a) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Part -
"Family Law Act" means the Family
Law Act 1975 of the
Commonwealth;
"flag lifting agreement" has the
meaning given by section 90MN of
the Family Law Act;
"flagging order" means an order
mentioned in section 90MU(1) of
the Family Law Act;
"member" has the meaning given by
section 90MD of the Family Law
Act;
"member spouse" has the meaning
given by section 90MD of the
Family Law Act;
"non-member spouse" has the
meaning given by section 90MD of
the Family Law Act;
13
sch. 1 No. Public Sector Superannuation 2003
(Miscellaneous Amendments)
"operative time" has the meaning
given by section 90MD of the
Family Law Act;
"splittable payment" has a meaning
in accordance with section 90ME
of the Family Law Act;
"splitting instrument" means a
superannuation agreement, a
flagging order, a flag lifting
agreement or a splitting order;
"splitting order" means an order
mentioned in section 90MT(1) of
the Family Law Act;
"spouse" has the meaning given by
section 90MD of the Family Law
Act;
"superannuation agreement" has the
meaning given by section 90MH of
the Family Law Act;
"superannuation interest" has the
meaning given by section 90MD of
the Family Law Act.
(b) by omitting from clause 8 "member spouse"
and substituting "person entitled to a pension
under Part 1 of this Schedule".
14 Government Printer, Tasmania